private nuisance

Question 1

definition

Answer 1

an interference with a persons enjoyment of their land

Question 2

what are the three kinds of nuisance stated in the case of Lord Lloyd in Hunter and Canary Wharf

Answer 2

1. nuisance by encroachment
2. nuisance by direct physical injury
3. nuisance by interference with a neighbours quiet enjoyment of their land

Question 3

which case stated the three kinds of private nuisance

Answer 3

Lord Lloyd in Hunter v Canary Wharf

Question 4

what is nuisance by encroachment

Answer 4

e.g tree branches hanging over a fence or roots interfering with neighbours house foundations

Question 5

what is nuisance by direct physical injury

Answer 5

e.g driving my car directly into neighbours garden

Question 6

what is nuisance by interference with a neighbours quiet enjoyment of their land

Answer 6

e.g playing music really loud stopping neighbours from sleeping

Question 7

what are the characteristics of a private nuisance

Answer 7

1. the claimant must have an interest in the land
2. there must be unreasonable use of the land which led to the nuisance
3. the claimant must suffer some harm

Question 8

an interest in the land

Answer 8

in effect a person who is in exclusive possession of the land is regarded as having an interest in the land

Question 9

successful interest in the land case

Answer 9

foster v warblington udc

Question 10

unsuccessful interest in the land case

Answer 10

malone v laskey

Question 11

what are the five factors the court will consider when determining an unreasonable use of the land

Answer 11

1. sensitivity of the claimant
2. duration and time of the nuisance
3. character of the area
4. reasonable foreseeability of the type of damage
5. malice on behalf of the defendant

Question 12

case for sensitivity of the claimant and what is it

Answer 12

abnormally sensitive claimants or using land for an unusual purpose that makes it sensitive to disruption are unlikely to succeed in a claim.
the standard of tolerance is that of the reasonable perso and ordinary use
robinson v kilvert

Question 13

case for duration and time of nuisance

Answer 13

halsey v esso petroleum co ltd

exceptions in crown river cruises ltd v kimbolton fireworks ltd

Question 14

character of the area and case

Answer 14

it is no defence in a case of private nuisance to argue that the nuisance was there long before the claimants came to the land.
miller v jackson
sturges v bridgman

Question 15

what is reasonable foreseeability of the damage

Answer 15

to succeed in an action for private nuisance it does not need to be shown that the defendant has taken reasonable care to avoid causing a nuisance but the type of nuisance does have to be reasonably foreseeable

Question 16

acts of malice on behalf of the defendant and case

Answer 16

an act of malice can mean a case succeeds despite the claimant being abnormally sensitive or the use of the land not being unreasonable
hollywood silver fox farm ltd v emmett

Question 17

the claimant must suffer some harm

Answer 17

private nuisance is not actionable per se, some loss, inconvenience or damage must be caused

Question 18

when is an occupier liable

Answer 18

1. if the nuisance was created by an act of a stranger the occupier is liable if they know or should know about it
2. if the nuisance was created by and act of nature the occupier is liable if they know or should know about it
3. if the nuisance was created by the previous owner the current occupier is liable if they know or should know about it.

Question 19

when is a landlord liable

Answer 19

1. if the landlord authorises the tenant to commit a private nuisance
2. at the date of letting the landlord knows or should know about the nuisance
3. a private nuisance was created during a tenancy and there is no agreement between the landlord and tenant that it is the tenants responsibility to fix the nuisance

Question 20

what are the main defences to private nuisance

Answer 20

statutory authority

prescription

Question 21

what is statutory authority

Answer 21

a defence available when a defendant can show their actions were authorised by law such as planes flying overhead

Question 22

what is prescription and a case

Answer 22

a defence that the defendant has a right to act in a particular way because they have done so for 20 or more years
could not be used in sturges v bridgman - not how long the act has been going but how long it has been a nuisance

Question 23

what are the remedies for private nuisance

Answer 23

damages, injunctions and abatement

Question 24

what is abatement

Answer 24

self help - removing the nuisance from your land if you can for example cutting down overhanging branches

Question 25

injunctions

Answer 25

granted at the discretion of the court. injunction in miller v jackson refused

Question 26

damages

Answer 26

in cases of encroachment or damage to the land the damages will be equal to the damage caused on the land. in cases of enjoyment of the land it will be the reduction of the amenity value